15. Redress

• Clients and lenders must be advised of the Code and their right to make a complaint to DEMSA if they are dissatisfied with the service they receive.
  
  
• Members must inform clients that they have a written internal complaints procedure which:-
  
  
1. is accessible and user friendly, and readily available to all their clients and to anyone wishing to make a complaint
2. must detail the steps the members will take to investigate complaints
3. must advise the complainant who will be responsible for investigating complaints
4. ensures a response which is fair and prompt (within ten working days)
5. records and keeps details of  customers’ complaints and of the action taken in response
   
   
• Where applicable members must be prepared to cooperate with local consumer advisers, or any other intermediary consulted or engaged by the client in the event of any dispute.
  
  
• Members must inform all clients of their membership of DEMSA and of the existence of the Code of Conduct and DEMSA Complaints Procedure, to enable them to be aware of their rights and remedies if they believe the code has been breached.
  
  
• Members must accept the terms of the DEMSA Complaints Procedure and DEMSA Disciplinary Procedures are binding upon them and they shall not be able to refuse to allow a complaint to go before the DEMSA Complaints Procedure, the DEMSA Disciplinary Procedures or to the Financial Ombudsman Service if a client so chooses. Furthermore the member shall be bound to accept a judgement made under the procedures
  
  
• In addition to complaints lodged by clients and/or lenders, any action committed by a member which may be construed as bringing DEMSA into disrepute will be considered as a disciplinary matter and dealt with in accordance with the DEMSA Disciplinary Procedures.

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16. Failure of a Debt Management Company

Members will, if asked by creditors and/or clients and/or DEMSA, assist the clients of a failed debt management company by arranging an acceptable programme, and will administer future disbursements without any up front fee being charged.

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17. Extreme Hardship Cases

Where it appears that applicants are unable to pay any management fees due to the severity of their financial position, members should, where appropriate recommend such clients to non profit advice centres.

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18. Administration and Monitoring of the Code

The DEMSA Code of Conduct is supervised and administered by the Code Administrator who is the General Secretary of DEMSA, appointed by the Board.

The Code Administrator shall:

• Satisfy himself that members’ trading practices and documentation comply with the Code.
  
  
• Handle any complaints and disciplinary matters in accordance with the Procedures set out.
  
  
• Report any breach of the Code to the member and recommend any remedial action
  
  
• Investigate any failure by a member to act upon any recommendation
  
  
• Report any failure by a member to act upon any recommendation to the Board
  
  
• Review the content of the Code on an annual basis in the light of reaction to the Code and changing circumstances due to statutory and practical considerations
  
  
• Provide an Annual Report on the operation of the Code and Procedures and ensure that this is circulated to interested parties including the OFT.

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